1. (1) Except as otherwise provided by law, a person who receives or purchases a totaled vehicle is required under ORS 819.012 to surrender the title for the vehicle within 30 days of the purchase or receipt of the vehicle. As used in that statute and this rule:

   1. (a) A primary ownership document may be surrendered when a title does not exist or in the case of a transfer by operation of law, is not available;

   2. (b) The requirement that the title or primary ownership document be surrendered does not apply when:

      1. (A) The title or primary ownership document has already been surrendered to the DMV with information indicating the vehicle was totaled; or
      2. (B) A salvage title has already been issued for the vehicle. This section does not exempt persons from applying for salvage title in their name, if required to do so under OAR 735-024-0170.

2. (2) Persons who receive or purchase a totaled vehicle, and except as provided in section (1) of this rule, must within 30 days of receipt or purchase, surrender the title or primary ownership document to DMV, and do one of the following:

   1. (a) Apply for salvage title as required under OAR 735-024-0130 and as provided under 735-024-0140;
   2. (b) Apply for a certificate of title identifying the vehicle as totaled and assembled or reconstructed or vehicle replica;

   3. (c) If a salvage title is not required, and the vehicle is not eligible for or a certificate of title is not being applied for, surrender the certificate of title or primary ownership document, together with assignments of interest or other evidence that the person(s) shown on the current title no longer hold an interest, and a written statement that indicates:

      1. (A) The name and address of the person submitting the title;
      2. (B) That the vehicle was totaled; and
      3. (C) Why the vehicle is exempt from having to be issued a salvage title.

3. (3) Subsection (2)(c) of this rule only applies to situations where a salvage title is not required because the person does not intend to:

   1. (a) Rebuild or repair the vehicle; or
   2. (b) Use the frame or unibody in repairing or constructing another vehicle.

Statutory/Other Authority

ORS 184.616, 184.619, 802.010 & 819.014

Statutes/Other Implemented

ORS 819.010 - 819.040

History

DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92